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Matthew Holdcroft successfully resists post disclosure request in the Court of Appeal for Hampshire Police

5th November 2019

Paula Poolton was murdered in October 2008. Her lover, Roger Kearney, was convicted in June 2010. There was no direct or forensic evidence linking Mr Kearney, or anyone else, to the murder. Mr Kearney has continued to protest his innocence and the case has featured in the BBC series Conviction: Murder at the Station (available on YouTube). Mr Kearney sought disclosure of the original CCTV footage from the Hampshire Police. The CCRC would consider the CCTV but would not request it. In light of the CCRC’s decision not to refer the appeal to the COA; Hampshire Police refused the disclosure request. Mr Kearney sought to judicially review that decision. Andrews J refused permission to apply for judicial review on the papers, accepting the Hampshire Police’s arguments, she also agreed that the application was totally without merit. Mr Kearney applied to the Court of Appeal to have decision quashed. The Court of Appeal agreed that they did not have jurisdiction so to do and that the decision that the application was totally without merit was both justified and proportionate. To see the judgment, please click here.

Matthew Holdcroft was instructed by Hampshire Police throughout the proceedings.

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